Delaware Attorney Training

Delaware Attorney Ben Schwartz just underwent new training through DSBA (Delaware State Bar Association). Congratulations on being a member of the first class of certified Delaware Personal Injury and Commercial Law Arbitrators!

Delaware Attorney Training

TRANSCRIPT:

I am Attorney Ben Schwartz.

I’m very excited because I got a new professional certification recently. I underwent training through the Delaware State Bar Association, and I’m now a Certified Personal Injury Law Arbitrator. I also got my certificate to be a Certified Commercial Law Arbitrator.

This is a new program through the DSBA (Delaware State Bar Association). I am now certified to do training and certification as an arbitrator in personal injury litigation and commercial law litigation. An arbitrator acts as a judge. The arbitrator will take the plaintiff and the defendant and bring them together. He or she will conduct a hearing, review the exhibits and the documentary evidence that exists, and make a decision.

This is a new program to the DSBA, and I’m very excited! I just went through the program, and I’m in the first class of Delaware attorneys who are certified to do personal injury arbitration and commercial law arbitration.

If you’re a Delaware attorney, you can also go through the training program, even if other attorneys aren’t asking you to arbitrate their disputes. The training is still very valuable as a trial lawyer because you really gain understanding as to the nuts and bolts of this type of arbitration. Even though I’ve been doing arbitration and serving as an arbitrator for years, I still learned new information in this training.

I’m Attorney Ben Schwartz. I handle a lot of personal injury cases and fight for my clients every day. When something new comes along that piques my interest, I find it very exciting. If you have something that you’re excited about, let me know! If you have questions about arbitration: what it is or how it works, send me a question. Maybe I can answer it on the air.

Thanks very much for watching!

Delaware Attorney Training

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Tips for Interacting with Police

What are some tips for dealing with police? Attorney Ben Schwartz answers two viewer questions.

Tips for Interacting with Police

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to answer a viewer question. Ron in Dover, Delaware asked us two questions.

#1. The first question is: What should your response be if you’re pulled over by a police officer and he asks, “Do you know why I pulled you over?

I can’t tell you what your response should be except to say that your response should be honest and truthful. You should never lie to the police; however, I’ll tell you what my response is. Every time I’ve ever been pulled over, my response is to say, “No, officer.” I’m not going to say anything to a police officer that’s going to incriminate me.

I’m an attorney. I’ve been to law school. I took the Criminal Procedure class, and I know enough to know that I have a right under the Fifth Amendment not to be called upon to testify against myself, whether that’s in court or out on the roadway. I’m never going to say, “Well, yeah…I know you pulled me over because I was weaving in and out of lanes because I had three margaritas before I left the bar.” I’m not saying that, and I’m not going to say, “I think you pulled me over because I was speeding.” I want the police officer to tell me. I have a police officer standing next to me, so I’m not going to answer that question. I’m just going to say, “No, I don’t know why you pulled me over” and leave it at that. That’s my advice. You can do what I would do or you can come up with your own answer to that question. I suggest that you really think it through and have a game plan ahead of time. But, I’m always going to say, “No, officer.

Other attorneys might tell you to say something else. Other attorneys I know would tell not to roll down your window. You don’t have any obligation to roll the window down. The officer can ask you for your identity (i.e., your driver’s license, your insurance card, your proof of registration) and you can hold it up. The officer can see it through the window. I know attorneys who will tell you to not even crack the window. But, my advice is to be compliant when possible. If you’re not engaged in criminal activity at the time, my advice is to be compliant and respectful; don’t volunteer any information.

#2. The second question Ron asked was, “If you have an encounter with a law enforcement officer, should you videotape that experience?

I don’t really have an opinion one way or the other. I personally do not have any intention of videotaping police officers. That’s just my opinion. But when you’re a 40-something-year-old white man in Delaware, you don’t really have much need to videotape police officers. I’m sure that plenty of people who will tell you that they want to videotape everything that happens if they’re contacted by police. They want to do this just to have a sense of their own personal security.

I know an attorney who is a minority who videotapes all encounters with the police. He has an app that he’s downloaded from the ACLU, and it will record the encounter. It also simultaneously uploads the video as it’s being recorded to the ACLU website and their server. If the phone gets destroyed out on the side of the road, the video does not get destroyed because a backup of that video was made. I don’t really have an opinion one way or the other, but I don’t think I’m in a position to have an opinion one way or the other. If you’re going to do it, do it right. Use an ACLU app or some other app that will record the video and upload that video to a server somewhere off-site. This way, the video footage is preserved.

If you are watching this video and have more questions, email them to me. I’m happy to try and take a crack at answering them on the air. I appreciate the two questions, Ron!

My name is Attorney Ben Schwartz. Thank you for watching!

Tips for Interacting with Police

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Dover, Delaware office.

Riding with a Leg Out of the Car Window

Summer is coming, and many people ride with a leg out of the car window. What happens if that foot or leg gets injured? Attorney Ben Schwartz weighs in on the topic!

Riding with a Leg Out of the Car Window

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to answer a viewer question. Casey in Smyrna, Delaware asks: “If I’m riding with my foot out the window or on the dashboard and I get in a car accident – can I recover for injuries to my leg or foot?

That’s a really good question, Casey.  I recently had a Superior Court car accident case in New Castle County, Delaware.  My client was a front seat passenger in a vehicle. She was alleged to have been riding in the car with her foot up on the dashboard, and she sustained really bad personal injuries to her foot.  The insurance company tried to prevent her from being able to recover compensation for her injuries because they said that she was negligent because she had her foot on the dash. They said she should not be able to receive compensation for her injuries, even though their client rear-ended the car that she was riding in. She had her foot on the dash, and she contributed to her injuries.

We eventually settled the case and got her a significant settlement, but the story illustrates a good point. If you’re riding in a car as a passenger with your foot up on the dash or hanging out the window and you’re in an accident, you could sustain a personal injury to that leg or foot. You should expect the at-fault driver’s insurance company to try to deny your claim for compensation. They will say you were negligent by riding with your foot on the dash or out the window.

Can still make a claim?  Absolutely.  Can you still get a settlement or an award of compensation?  Absolutely.

Don’t be surprised if you ride with your foot on the dash or out the window and you’re in a car accident if the at-fault driver’s insurance company tries to deny your claim.

I’m Attorney Ben Schwartz.  I really appreciate you sending me that question, Casey.

If you have questions about the law, about personal injury law or litigation, send them to me below.

Thanks very much – keep watching!

Riding with a Leg Out of the Car Window

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Dover, Delaware office.

What Does a Personal Injury Attorney Actually Do?

Have you ever wondered what a personal injury attorney actually does? And why doesn’t Attorney Ben Schwartz wear a tie in his videos? 

What Does a Personal Injury Attorney Actually Do?

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, I’m going to answer questions that other personal injury attorneys have asked me: “Ben, why do you do these videos and put them on the internet? What is the purpose and why do you put yourself out there? You’re not even wearing a tie!

I think there’s a big gap in perception of the legal profession. Attorneys go to work every day. We work all day, we work at night, and we work on the weekends.

Attorneys wake up in the mornings to help people by:

  • going to battle for their clients;
  • helping people better understand their cases;
  • working with injured clients in personal injury cases;
  • working with clients in criminal cases where the client was wrongfully charged or overcharged with more serious crimes than the ones he or she actually committed;
  • helping clients draft wills to protect their assets from the government or from people who might take advantage of them when they get old and sick;
  • and a lot more.

Most people have no idea how the legal process works when they get into an accident.

For example,

  • who pays for what medical bills?
  • what they’re entitled to if they are injured in a car accident?
  • what they’re entitled to if they are injured on the job?
  • what they should do if they are charged with a crime?

Most attorneys want to help people. There’s a big gap between how it works and how the general public think it works. The concepts that lawyers deal with are foreign to most people. It’s almost as if we’re working invisibly. No one sees what we do, and most people don’t fully understand their own rights.

I thought that videos might allow me to answer some questions that people in the community have. I thought it might help people become familiar with their rights. These videos might help people become more familiar with what attorneys do and understand how to go about protecting themselves. I thought these videos might teach people how to go about enforcing their legal rights if they get into a situation where they need to exercise them. Otherwise, no one will exercise them for you. I’m an attorney because I want to help people, and people are why I do these videos.

If you’re an attorney, you might ask, “Hey, why don’t you put on a tie and look professional?” Do I own ties? Of course, I own ties! I want you to know it’s not important to me what I look like. I’m not trying to tell people to hire me for a case. I’m here to put out information that will help people. I don’t care if I have a tie on or not!

If you have questions or if you have comments, send me an email below. But if you’re an attorney, do not email me and tell me to put a tie. I’m not in court, so I don’t care about wearing one!

I’m Attorney Ben Schwartz. Thanks for watching!

What Does a Personal Injury Attorney
Actually Do?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

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Please direct all mail to our
Dover, Delaware office.

Do the Rules of the Road Apply to Private Property?

A viewer writes in and asks Attorney Ben Schwartz if the Rules of the Road apply to private property. Hear what Delaware’s Accident Attorney has to say on this topic. 

Do the Rules of the Road Apply to Private Property?

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to answer a question from Greg in Dover, Delaware: “If I’m cutting through a parking lot, but I’m not following the painted lines – in other words, I’m cutting across the parking lot and going across parking spaces and I get into a car accident – am I breaking the law?

Let’s say that you are on private property in Dover; for example, you are in the Acme parking lot. This is not state property. The property belongs to Acme or store or mall, etc. In this case, you are not technically breaking the law because you are on private property. You could get into an accident and the police will respond to it. They may do a police report if the accident involves personal injury or property damage, but they will probably not give you a traffic ticket for cutting across the parking lot because the accident occurred on private property.

If you are doing this (cutting across the parking lot) and cause an accident, you may get sued. When the plaintiff files a civil lawsuit against you, the suit may say that you were violating provisions of the Delaware code relating to careless driving or inattentive driving. You are not getting into trouble criminally, but the Delaware code sets the standard for the behavior of all drivers in Delaware whether or not you are driving on private property. If you get sued, look at the lawsuit’s papers. They will probably say something about how you violated provisions of Title 21 of the Delaware code (also known as the “Rules of the Road”).

You are not technically breaking the law by driving across a parking lot, but you will be held to the same standard that the law prescribes.

I’m Attorney Ben Schwartz. I hope you found this video entertaining and informative. If you have questions about your rights under the law, send me an email or message me through Facebook.

Thanks for watching!

Do the Rules of the Road Apply to Private Property?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
Suite 31B, Shoppes at Trolley Square
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

Please direct all mail to our
Dover, Delaware office.